AN ACT

To incorporate the City of Ohio.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the township of Brooklyn, in the county of Cuyahoga, as is contained in the following bounds, viz: Beginning at the point of intersection of the west line of original surveyed lot, No. 50, in said township, with the southern shore of Lake Erie; thence south on said west line of lot, No. 50, its whole length, to the northwest corner of lot, No. 49; thence south the whole length of the west line of said lot, No. 49, to the northwest corner of lot, No. 48; thence south on the west line of said lot No. 48, to the centre of Walworth or Spring run, so called; thence following down the centre of said run to its intersection with the east line of original lot, No. 69, in said township; thence north along the east line of said lot, No. 69, to the northeast corner thereof; thence northwestardly and northwardly along the westwardly line of the farm conveyed to Joel Scranton by Alfred Kelley, to the Cuyahoga river, to the centre of said river; thence down the centre of said river, to the extreme northerly end of the west pier of the present harbor; thence northerly in Lake Erie, on the line of the townships of Brooklyn and Cleveland, to the north line of the township of Brooklyn; thence westerly, on the north line of the township of Brooklyn, to a point due north from the place of beginning; thence south to said place of beginning; shall be, and hereby is declared to be a City; and the inhabitants thereof, are created a body corporate and politic, by the name and style of the "City of Ohio;" and by that name, shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places, and in all matters whatsoever; with power of purchasing, receiving, holding, occupying and conveying real and personal estate; and may use a corporate seal, and change the same at pleasure; and shall be competent to have and exercise all the rights and privileges, and be subject to all the duties and obligations appertaining to a municipal corporation.

Sec. 2. That the government of said city, in the excrcise of its corporate powers, and management of its fiscal, prudential and municipal concerns, shall be vested in the mayor and council; which council shall consist of four members from each ward, and shall be denominated the City Council; and also such other officers as are hereafter mentioned and provided for.

Sec. 3. That the city shall, until the city council see fit to increase, alter or change the same, be divided into three wards, in the following manner, to wit: The first ward shall comprise all the territory lying northerly of the centre of Detroit street, to its intersection with River street; thence northerly through the centre of River street, to its intersection with Centre street; thence through the centre of said street, to the float bridge, and to the centre of the Cuyahoga river: the second ward shall comprise all the territory lying southerly of the said described boundary of the first ward, and northerly of the centre of Prospect and Franklin streets, to the intersection of Franklin with Columbus street; thence with the centre or Columbus street, to the centre of the Cuyahoga river: the third ward shall in

clude all the territory not embraced in the first and second wards, and lying southerly of the above described southerly boundary of the second ward, until the wards shall be altered, or increased in number, by the city council. Sec. 4. That the mayor of said city shall be elected by the qualified voters thereof, on the last Monday of March, annually, and shall hold his office for the term of one year, and until his successor shall be chosen and qualified; it shall be his duty to preside at the meetings of the city council, when other duties will permit; to recommend to said council such measures as he may deem expedient; and when presiding at the meetings of the city council, he shall have a casting vote, when the votes of the members are tied; to be vigilant and active at all times in causing the laws and ordinances of said city to be put in force and duly executed; to inspect the conduct of all subordinate officers in the government thereof; and as far as in his power, to cause all negligence, carelessness and positive violation of duty, to be prosecuted and promptly punished; he shall keep the seal of said city; sign all commissions, licenses, and permits, which may be granted by or under the authority of the city council; and shall keep an office in some convenient place in said city, to be provided by the city council; he shall perform such duties and exercise such powers as, from time to time, devolve upon him by the ordinances of said city, not inconsistent with the provisions of this act, and the character and dignity of his office; and generally do and perform all such other duties and exercise such other powers as pertain to the office of mayor; he shall, in his judicial capacity, have exclusive original jurisdiction of all cases for the violation of the ordinances of said city; and he is hereby vested with powers cocqual with justices of the peace, within the county of Cuyahoga; shall have power to exercise the same jurisdiction and authority, in civil and criminal cases, within the limits of said county, and shall be entitled to the same fees as justices of the peace in like cases; all process shall be directed to the city marshal, who is hereby authorized and empowered to exercise the same powers, in serving such process, levying execution, and making distress on delinquents, in civil and criminal cases; and shall be entitled to the same fees as constables are for the like services: and in case of misconduct in office, of the mayor, recorder, treasurer, marshal, councilmen, or any subordinate officer, the city council have hereby power to remove him, or any of them, by an agreement of a majority of two-thirds concurring; and the mayor shall have power, and it shall be lawful for him, to award all such process, and issue all such writs as shall be necessary to enforce the due administration of right and justice throughout said city, and for the lawful exercise of his jurisdiction, agreeable to the usages and principles of law: Provided, That in all cases brought before the said mayor, for the violations of the ordinances of said city, and when the said mayor shall adjudge the defendant or defendants to pay a fine of fifteen dollars or upwards, exclusive of costs, the defendant or defendants, shall have a right of appealing from said judgment to the court of common pleas of Cuyahoga county, upon giving bonds in double the amount of said judgment and costs, and with such security as shall be approved of by said mayor, within ten days from the rendition of said judgment; which bond shall be conditioned to pay the judgment and costs, which may be recovered against him, her, or them, in the said court of common pleas; which appeal, when [perfecte 1] by giv

ing bond as aforesaid, shall entitle the party appealing, to the same rightsTM and privileges, subject to the same conditions, restrictions and limitations, as by the laws of the State, are prosecuted; and it shall be sufficient to set forth in the indictment, the offence, in the words of the ordinance said to be violated; and to refer to said ordinance, by title only, without reciting such ordinance, and by concluding said indictment, against the peace. and dignity of the State of Ohio; and the said court of common pleas of Cuyahoga county, is hereby authorized, empowered and directed, to take cognizance and hear and determine all such causes as shall be brought before. them by appeal as aforesaid, and assess such fine, and pass such judgmentagainst such defendant or defendants as shall be prescribed by the ordinances of the city; the mayor shall moreover have authority to take and certify the acknowledgments of all deeds for the conveyance or incumbrance of real estate, in the State of Ohio; and it shall be lawful for him. to order any persons brought before him, charged with the commission of any criminal offence, in any State or Territory of the United States, upon proof, by him adjudged, to direct such accused person to be delivered to some suitable person or persons, to be conveyed to the proper jurisdiction for trial.

Sec. 5. That the qualified electors of each ward in said city shall, on the last Monday of March next, elect by ballot, four members of the city council, in each ward, who shall have resided in said city one year, and possess the qualifications of electors, and shall be residents and inhabitants in the ward in which they shall be elected, and the members so elected, shall meet in each ward within five days, and determine by lot the time they shall severally serve, two shall serve one year, and two shall serve two years, so that one half of them shall be out every year; and at every annual election, which shall be on the last Monday of March in every year, there shall be elected two new members of said council, in each ward, who shall continue in office two years, and until their successors shall be elected and qualified; and the members so elected shall, when assembled tcgether and duly organized, constitute the city council, a majority of the whole number of whom shall be necessary to constitute a quorum for the transaction of business; they shall be judges of elections and qualifications of their own members, and shall determine the rules of their proceedings, and shall keep a journal thereof, which shall be open to the inspection and examination of every citizen; and may compel the attendance of absent members, in such manner and under such penalties as they think fit to [prescribe]; they shall meet in the council chamber, or some other convenient place in said city, within five days after the election, and after having taken the oath of office before the mayor, or some other officer qualified to administer oaths, they shall elect from their own body, a president, who shall, in case of the absence of the mayor, preside in their meetings for one year; and a recorder and treasurer, who shall hold their offices for one year and until their successors are elected and qualified.

Sec. 6. That the city council shall provide the places and fix the times of holding their meetings, not herein otherwise provided for, which at all times shall be open for the public; they shall appoint all city surveyors, clerk of the market, street commissioners, health officers, weighers of hay, measurers of wood and coal, wharf masters, and such other city officers,

whose appointment or election is not herein otherwise provided for, as shall be necessary for the good government of said city, and the due exercise of its corporate powers, and which shall have been provided for by ordinance; and all city officers, whose time of service is not prescribed, and whose powers and duties are not defined in and by this act, shall perform such duties, exercise such powers, and continue in office for such term of time, not exceeding one year, as shall be prescribed by ordinance.

Sec. 7. That the city council shall have the custody, care, superintendence, management and control of all the real and personal estate, moneys, funds and revenues, which from time to time may be owned by, or of right belong to said city; with full power to purchase, hold, possess, use, occupy, sell and convey the same, for the use and benefit of said city, and the inhabitants thereof: Provided, That the city council shall not have power to sell any public landing, wharf or wharves, dock or docks, basin or basins, or any interest therein, or part thereof, which now is, or hereafter may be used and kept for the accommodation and convenience of the merchants, and others engaged in the trade, commerce and navigation of said city.

Sec. 8. That the said city council shall have power, and it is hereby made their duty, to make and publish, from time to time, all such ordinances as shall be necessary to secure to said city, and the inhabitants thereof, against injury from fire, thieves, robbers, burglars, and all other persons violating the public peace; for the suppression of riots and gambling, and indecent and disorderly conduct; for the punishment of all lewd and lascivious behaviour in the streets or other public places of said city; and for the apprehension and punishment of all vagrants and idle persons; they shall have power, from time to time, to make and publish all such by-laws. and ordinances, as they shall deem necessary, to provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of said city, and the inhabitants thereof: to impose fines, forfeitures, and penalties, on all persons offending against the laws and ordinances of said city, and provide for the prosecution, recovery and collection thereof; and shall have power to regulate, by ordinance, the keeping and sale of gunpowder within the city.

Sec. 9. That the said city council shall have power to establish a board of health for said city: invest it with such powers, and impose upon it such duties, as shall be necessary to secure said city, and the inhabitants thereof, from the evils, distress and calamities of contagious, infectious and malignant diseases: provide for its proper organization, and the election or appointment of the necessary officers thereof; and make such by-laws, rules and regulations for its government and support, as shall be required for enforcing the most prompt and efficient performance of its duties, and the lawful exercise of its powers: they shall have power, whenever the public peace of said city shall require it, to establish a city watch, and organize the same under the general superintendence of the city marshal, or other proper officer; prescribe its duties and define its powers, in such a manner as will most effectually preserve the peace of said city, secure the inhabitants thereof from personal violence, and their property from fire and unlawful depredations: they shall establish and organize all such fire

companies, and provide them with the proper engines and other instruments, as shall be necessary to extinguish fires and preserve the property of the inhabitants of said city, from conflagration; and provide such bylaws and regulations for the government of the same, as they shall think fit and expedient; and each and every person who may belong to such fire company, shall, in time of peace, be exempted from the performance of military duty, under the laws of this State: they shall erect, establish and regulate the markets and market places of said city, for the sale of provisions, vegetables and other articles, necessary for the sustenance, comfort and convenience of said city, and the inhabitants thereof; to assize and regulate the sale of bread; and they shall have power to establish and construct landing places, wharves, docks and basins in said city, at or on any of the city property.

Sec. 10. That for the purpose of more effectually securing said city from the destructive ravages of fire, the said city council shall have power and authority, and for such purpose they are hereby empowered and authorized, on the application of three-fourths of the whole number of owners or proprietors of any square, or fractional square, in said city, to prohibit, in the most effectual manner, the erection of any building, or the addition to any building before erected, more than ten feet high, in any square or fractional square, except the outer walls thereof shall be composed entirely of brick or stone and mortar, and to provide for the most prompt removal of any building, or any addition to any building, which may be erected, contrary to the true intent and meaning of this section; and the said city council shall have the power, and it is hereby made their duty, whenever in their opinion the public good shall require it, to cause the streets of said [city] to be suitably lighted, in such manner as they may, from time to time prescribe and ordain.

Sec. 11. That the said city council shall have power, and it is hereby made their duty, to regulate, by good and wholesome laws and and ordinances for that purpose, all taverns, ale and porter shops and houses, and places where spirituous liquors are sold by a less quantity than a quart, and all houses of public entertainment, within said city; all theatrical exhibitions and public shows; and all exhibitions of whatever name or nature, to which admission is obtained on the payment of money, or any other reward; the sale of all horses and other domestic animals, at public auction, in said city; and impose reasonable fines and penalties for the violation of any such laws and ordinances: and the said city council shall have full and exclusive powers to grant or refuse license to showmen, and keepers and managers of theatrical exhibitions, and all other exhibitions for money or reward, auctioneers for the sale of horses and other domestic animals, at public auction, in said city: and in granting any such license, it shall be lawful for said city council to exact, demand and receive such sum or sums of money, as they shall think fit and expedient; to annex thereunto, such reasonable terms and conditions, in regard to time, place and other circumstances under which such licenses shall be acted upon, as in their opinion the peace, quiet and good order of society, in said city may require; and for the violations of such reasonable terms and conditions as aforesaid, the mayor shall have power to revoke or suspend such license, whenever the good order and welfare of said city may require it, in such manner as may be provided for by ordinance.